Terms and Conditions - Enica Metering Systems

In the following terms and conditions, “Enica Metering Systems” is referred to as “Enica”, the person or Company to whom a quotation is made as “the customer” and the accepted quotation as the “Contract”.

1.      Prior to the commencement of any work Enica will provide a written quotation.  This will include details of any discount offered, timescales for the work and any special site-specific requirements.  Unless otherwise stated, quotations shall remain open for acceptance for 60 days from the date of the quotation.

2.      All prices shall be exclusive of VAT which shall be charged at the prevailing rate.

3.      Enica will use its best endeavours:-

a)      to ensure that its staff whilst on premises under control of the Customer will act responsibly and in accordance with safe working procedures.

 b)      to ensure that all information relating to the business and activities of the Customer which are known to Enica and its staff as a consequence of the services provided by Enica are not to be divulged to any third party without written approval from the Customer.

4.      Enica shall be entitled to sub-contract any of the services outlined in the quotation if it anticipates that it will be unable to meet the timescale set out in the quotation or if a particular activity cannot be completed in-house. 

5.      Enica will not be held responsible for the integrity, accuracy or functioning of any part of a meter, data collection system or any associated apparatus not supplied and installed by Enica.

6.      Enica will not be responsible for the maintenance of any meter, data collection system or associated apparatus not supplied or installed by Enica, unless specifically covered under a service or maintenance agreement with Enica.

7.      Enica will not be responsible or liable for any consequential or indirect losses suffered by the Customer as a result of failure, inaccuracy or misrepresentation of metering systems or associated data provided by Enica.

8.      Enica will charge for the re-connection of any device provided to the customer by Enica should a meter be changed by a third party such as a billing company or meter asset manager and the Enica device not be re-connected. Enica reserve the right to charge the customer for any time or materials required in the reconnection of a device to a meter.

9.      Enica’s obligations to the Customer shall be suspended if Enica is prevented from carrying out the specified services or hindered in doing so by reason of act of god, fire, explosion, accident or any matter or condition beyond its reasonable control.

10.    Enica shall endeavour to submit invoices upon final commissioning of any metering system or software unless agreed otherwise with the Customer prior to commencing work.

 11.    If requested by the customer Enica shall provide all relevant health and safety documentation relating to the site works prior to commencement of any site activity.

12.    All equipment and workmanship will be guaranteed for a period of 12 months from date of installation. 

13.    Where damage or malfunction occurs with Enica installed equipment and is clearly not the cause of any activity, action or equipment provided by Enica, then repair and/or diagnosis costs will be charged to the customer.

14.    The Customer shall:-

a)      Provide un-hindered access to all areas of site, including meter locations and locations of associated logging equipment at reasonable times of day.

b)      Provide to Enica any necessary Health & Safety information or site induction briefing prior to commencement of site works.

c)      Settle all invoices rendered by Enica within the timescale indicated on the invoice.  Any sums remaining unpaid after this period shall bear interest which will accrue from day to day at the rate of 5% per annum above the rate of Lloyds Bank Plc.  If the customer fails to pay promptly, he/she shall lose the benefit of any agreed discount set out in the quotation.

d)      Agree to purchase data transfer (Airtime) and web software service where indicated as necessary within the Enica proposal. This shall be billed in advance as detailed in the quotation. Enica shall notify customers in writing of the expiry of service. This correspondence shall indicate the procedure for termination or renewal after the initial period is over. 

15.    Enica’s liability to the Customer for any breach of this Contract or any failure to meet its obligations hereunder shall not exceed the amount set out in the quotation for the provision of services hereunder and in no event shall Enica be responsible for any special consequential or indirect losses suffered by the Customer including loss of profit or liability to third parties provided that nothing in this condition shall be interpreted as excluding or restricting any legal liability of Enica or its staff for death or personal injury resulting from the negligence of Enica or its staff. 

16.    If Enica recommends that the Customer should engage other parties to carry out certain services, Enica shall have no liability in respect of such recommendation or the performance of such service by others.

17.    These conditions shall be governed by English Law and all disputes arising in relation thereto and or in connection therewith shall be determined by the English Courts.